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1. LA - Part 2 - Areas of Law Court of Appeal and Supreme Court [pdf, 780 KB]

   ...or category. Case examples should be cases where you played a substantial and active role. examples need to demonstrate substantial and active involvement across a range of cases. Please complete the Court of appeal and Supreme Court Case example Form. You must provide at least five examples of appeal proceedings of various types – including, without limitation, pre-trial hearings, Solicitor-general’s appeals, and appeals by way of case stated. • each example must demonstrate th...

2. CQ v LM [2023] NZDT 703 (16 December 2023) [pdf, 231 KB]

   ...amount paid. It is for the Tribunal to determine if CQ is entitled to a refund. Is CQ entitled to a refund of the bond? 5. As facilities were shared with LM, CQ is deemed to have been a flatmate. In a flatting situation such as this, a bond is generally paid to cover unpaid rent and expenses, and any damage to the property. Flatmates usually agree beforehand on such terms, and on the notice required. 6. CQ does not recall a notice period being stipulated however LM stated she aske...

3. ND v KS [2023] NZDT 300 (18 July 2023) [pdf, 186 KB]

   ...stopping this. I have explained that, although the torts of trespass to goods or conversion could potentially apply if someone deliberately feeds and cares for another’s pets, the Tribunal is limited in the types of orders it can make and cannot generally grant injunctive relief. For example, the Tribunal cannot order KS to keep her door shut or to stop putting food where [kittens] can access it. If KS were to cause harm to the kittens, such as if a flea treatment caused a problem requir...

4. EG v KI [2023] NZDT 247 (12 June 2023) [pdf, 109 KB]

   ...damaged from the trimming: one manuka and two pohutukawa. 10. Photos were presented that showed the tops had been trimmed in a way that left “stubs”. These were unsightly, and not at growth points in the tree that would encourage proper future form. 11. I therefore consider that the trees were damaged. One was able to be rectified by trimming. The other two were removed altogether. KI made the point that the two trees that were removed were still alive. However, given the...

5. JA v KQ & BT [2021] NZDT 1355 (20 January 2021) [pdf, 190 KB]

   ...that she had invested in term deposits with a company, [Investment Company] Limited, which then went into receivership on 1 April 2020 and into liquidation on 24 July 2020. 2. KQ and BT were directors of [Investment Company] Limited. There is no general liability on directors for the actions or conduct of their company – only the High Court has the ability to ‘lift the corporate veil’. 3. JA wishes to claim under the Fair Trading Act 1986 (FTA) based on her contention that e...

6. MLC - 2013 November - Reflections after nearly 20 years as a Māori Land Court [pdf, 374 KB]

   ...2013 Rights to land have always been a pivotal driver in Polynesian society. It is inconceivable that that will not continue. But the part that Māori land plays in the day to day life of Māori people has changed considerably over the last few generations. It is basic that Māori land is not simply a commodity. It is also well recognised that when issues relating to Māori land fall to be discussed and decided, there are usually three entities in the room. First there are the tipun...

7. BORA Taxation (Urgent Measures and Annual Rates) Bill [pdf, 307 KB]

   Taxation (Urgent Measures and Annual Rates) Bill 5 December 2008 Attorney-General LEGAL ADVICE CONSISTENCY WITH THE NEW ZEALAND BILL OF RIGHTS ACT 1990: TAXATION (URGENT MEASURES AND ANNUAL RATES) BILL 1. We have considered the Taxation (Urgent Measures and Annual Rates) Bill (IRD 13479/2.1) (the 'Bill'), for consistency with the New Zealand Bill of Rights Act 1990 (the 'Bill of Rights Act'). We understand that the Bill is to be considered by Cabinet at its meet...

8. BORA Lawyers and Conveyancers Bill [pdf, 25 KB]

   Lawyers and Conveyancers Bill 23 May 2003 Attorney-General Lawyers and Conveyancers Bill, [PCO 3840/25] Our Ref: ATT114/1048(21) 1. I have considered the above Bill for consistency with the New Zealand Bill of Rights Act 1990 ("BORA") and can advise that in my view none of its provisions appear to be inconsistent. I understand that the Bill is to go before the legislation Cabinet Committee on 12 June 2003. 2. In considering the BORA-consistency of the Bill two issues ar...

9. BORA Child Support Amendment Bill (No 4) [pdf, 302 KB]

   Child Support Amendment Bill (No 4) 2005 8 April 2005 Attorney-General LEGAL ADVICE CONSISTENCY WITH THE NEW ZEALAND BILL OF RIGHTS ACT 1990: CHILD SUPPORT AMENDMENT BILL (No 4) 2005 1. We have considered whether the Child Support Amendment Bill (No 4) ("the Bill") is consistent with the New Zealand Bill of Rights Act 1990 ("the Bill of Rights Act"). We understand that the Bill is to be considered by the Cabinet Legislation Committee at its meeting on Thursday,...

10. [2019] NZEnvC 008 Schmuck v Northland Regional Council [pdf, 4.5 MB]

    ...in any event in respect of this matter. At least eight submitters are also members of the Society. It appears that the Society may have the authority to represent other submitters also. B: The interests of the Society is greater than the public generally under s 247(1)(d). In particular: (i) the Society appears to have been formed specifically in relation to issues Schmuck 2 surrounding the operation of the boat yard in this area, and has been involved in court action in rela...